Search Rutgers Law Library N.J. Court Opinions

631 STATE OF NEW JERSEY v. TIFANI K. YOUNG -- rank: 627

... He contends the court failed to find mitigating factor seven, N.J.S.A. 2C:44-1(b)(7) (lack of prior record), and that the court ... has balanced the aggravating and mitigating factors set forth in N.J.S.A. 2C:44-1(a) and (b), it 'may impose a term within the ... In its sentencing analysis, the court found aggravating factor three, N.J.S.A. 2C:44-1(a)(3) (risk of committing another offense), and nine, N.J.S.A. 2C:44-1(a)(9) (the need for deterrence). The court found mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11) (imprisonment would cause hardship on defendant's family ... that we reject defendant's contention that mitigating factor seven, N.J.S.A. 2C:44-1(b)(7) (lack of 'prior delinquency or criminal activity') ...

docket:	a1849-17
court:	NJ Superior Court Appellate Division
decided:	2018-12-03
status:	Unpublished
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Document Size:	30931

632 /usr/local/share/www/libweb/collections/courts/appellate/a5345-14.opn.html -- rank: 627

... defense counsel asked the court to find five mitigating factors: N.J.S.A. 2C:44-1(b)(3), "[t]he defendant acted under a strong provocation;" N.J.S.A. 2C:44-1(b)(4), "[t]here were substantial grounds tending to excuse ... the defendant's conduct, though failing to establish a defense;" N.J.S.A. 2C:44-1(b)(5), "[t]he victim of the defendant's conduct [Thomas] induced or facilitated its commission;" N.J.S.A. 2C:44-1(b)(6), "[t]he defendant has compensated or will compensate ... conduct for the damage or injury that he sustained;" and N.J.S.A. 2C:44-1(b)(12), "[t]he willingness of the defendant to cooperate ... age, health, and employment history, and found four aggravating factors: N.J.S.A. 2C:44-1(a)(1), "[t]he nature and circumstances of the ...

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court:	NJ Superior Court Law/Chancery Division
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633 STATE OF NEW JERSEY v. DANIEL J. LEVINS -- rank: 627

... factor three, the risk that defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); aggravating factor six, the extent of defendant's prior criminal record and the seriousness of the offense, N.J.S.A. 2C:44-1(a)(6); and aggravating factor nine, the need to deter defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). The trial court also found two mitigating factors ... the defendant's conduct, though failing to establish a defense, N.J.S.A. 2C:44-1(b)(4); and factor eleven, the imprisonment of the defendant would entail excessive hardship to himself or his dependents, N.J.S.A. 2C:44-1(b)(11). The court determined that the aggravating factors outweighed ...

docket:	a4283-09
court:	NJ Superior Court Appellate Division
decided:	2011-09-12
status:	unpublished
citation:
Document Size:	44604

634 /usr/local/share/www/libweb/collections/courts/appellate/a4031-15a4086-15a4605-15.opn.html -- rank: 627

... as manifestly excessive. The trial judge found aggravating factors nine, N.J.S.A. 2C:44-1(a)(9), and eleven, N.J.S.A. 2C:44-1(a)(11), and mitigating factors seven, N.J.S.A. 2C:44-1(b)(7), and nine, N.J.S.A. 21 A ...

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court:	NJ Superior Court Law/Chancery Division
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635 STATE OF NEW JERSEY v. DANIEL J. WATERFIELD -- rank: 627

... t]he risk that the defendant will commit another offense,' N.J.S.A. 2C:44-1(a)(3), and gave it 'some nominal minimal weight.' He ... for deterring the defendant and others from violating the law,' N.J.S.A. 2C:44- - 1(a)(9). The judge accorded that factor 'significant and very ... s conduct was the result of circumstances unlikely to recur,' N.J.S.A. 2C:44- - 1(b)(8), and accorded it 'the same sort of nominal ... period of time before the commission of the present offense,' N.J.S.A. 2C:44-1(b)(7). While defendant had not previously been convicted of ...

docket:	a0555-20
court:	NJ Superior Court Appellate Division
decided:	2023-03-07
status:	Unpublished
citation:
Document Size:	42072

636 STATE OF NEW JERSEY v. MWANZA FITZPATRICK -- rank: 627

... coupled with double jeopardy principles, mandates strict enforcement. Pursuant to N.J.S.A. 2C:44-1(f)(2), the State is authorized to appeal the downgrade ... convictions for first or second degree crimes. The language of N.J.S.A. 2C:44-1(f)(2) authorizing the State's right of appeal is ... appeal of the court's findings by the prosecution.") with N.J.S.A. 2C:44-1(f)(2) ("[S]uch sentence shall not become final for ... that was not filed within ten days as mandated by N.J.S.A. 2C:44-1(f)(2)). Here, both defendants were sentenced on December 2 ...

docket:	a2477-14
court:	NJ Superior Court Appellate Division
decided:	2015-12-28
status:	published
citation:	443 N.J.Super. 316 128 A.3d 1114
Document Size:	30686

637 /usr/local/share/www/libweb/collections/courts/appellate/a3143-19.opn.html -- rank: 627

... trial judge considered the statutory aggravating and mitigating factors under N.J.S.A. 2C:44-1(a) and (b), as well as the factors under Yarbough ...

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court:	NJ Superior Court Law/Chancery Division
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638 STATE OF NEW JEREY v. AARON J. ELLIS -- rank: 627

... counsel urged the court to find mitigating factors number five, N.J.S.A 2C:44-1(b)(5) (the victim induced or facilitated defendant's conduct); six, N.J.S.A 2C:44- 1(b)(6) (defendant has or will compensate the victim); and eleven, N.J.S.A. 2C:44-1(b)(11) (imprisonment would entail excessive hardship), weighed in favor ... serious bodily injury conviction. The judge found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (risk of recidivism); six, N.J.S.A. 2C:44-1(a)(6) (criminal history and seriousness of conviction); and nine, N.J.S.A. 2C:44-1(a)(9) (deterrence). After finding that only mitigating factor ...

docket:	a4932-17
court:	NJ Superior Court Appellate Division
decided:	2019-11-04
status:	Unpublished
citation:
Document Size:	29389

639 STATE OF NEW JERSEY v. CASEY R. POWERS -- rank: 627

... the judge found aggravating factors three, six, and nine. See N.J.S.A. 2C:44-1(a)(3) (the risk of re-offense); (a)(6) (the ... factors suggested and rejected all except mitigating factor nine, see N.J.S.A. 2C:44-1(b)(9) (defendant's 'character and attitude' indicate it was ... contends the judge should have found mitigating factor twelve, see N.J.S.A. 2C:44-1(b)(12) (defendant's willingness to cooperate with law enforcement), and erred in finding aggravating factor three, see N.J.S.A. 2C:44-1(a)(3) (the risk defendant would re-offend). Defendant also ... sentencing decisions includes application of the factors set forth in N.J.S.A. 2C:44-1(a) and (b): appellate courts do not ''substitute [their] assessment ... motivated by his 'willingness . . . to cooperate with law enforcement authorities,' N.J.S.A. 2C:44-1(b)(12), but rather were wholly motivated by an ...

docket:	a1028-19
court:	NJ Superior Court Appellate Division
decided:	2023-07-28
status:	Unpublished
citation:
Document Size:	62131

640 STATE OF NEW JERSEY v. JAHI BEATTY -- rank: 627

... defendant's prior criminal record, and nine, need for deterrence, N.J.S.A. 2C:44-1(a)(6) and (9), as well as mitigating factor two ... did not contemplate that his conduct would cause serious harm, N.J.S.A. 2C:44-1(b)(2). The court determined the aggravating factors outweighed the ... imprisonment of defendant would entail excessive hardship to his dependent. N.J.S.A. 2C:44-1(b)(3),(8), and (11). We discern no abuse of ...

docket:	a0554-20
court:	NJ Superior Court Appellate Division
decided:	2023-03-01
status:	Unpublished
citation:
Document Size:	57212

641 STATE OF NEW JERSEY v. D.C.W. -- rank: 627

... 364- 65 (1984)). Here, the judge found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (risk of re-offense); four, N.J.S.A. 2C:44-1(a)(4) (lesser sentence will depreciate the seriousness of the ... advantage of a position of trust or confidence); and nine, N.J.S.A. 2C:44- 1(a)(9) (need to deter defendant and others from violating the law). The court also found mitigating factor seven, N.J.S.A. 2C:44-1(b)(7) (defendant has led a law-abiding life for ...

docket:	a5701-16
court:	NJ Superior Court Appellate Division
decided:	2019-05-28
status:	Unpublished
citation:
Document Size:	53465

642 STATE OF NEW JERSEY v. MARSHA G. BERNARD, -- rank: 627

... weight to three aggravating factors: the risk defendant would reoffend, N.J.S.A. 2C:44- -1(a)(3); the substantial likelihood of involvement in organized criminal activity, N.J.S.A. 2C:44-1(a)(5); and the need to deter the defendant and others, N.J.S.A. 2C:44-1(a)(9). The court found two mitigating factors for both ... a substantial period of time before committing the present offenses, N.J.S.A. 2C:44-1(b)(7), and factor eleven, imprisonment would entail excessive hardship to the defendant or the defendant's dependents, N.J.S.A. 2C:44-1(b)(11). However, noting that Davis had a prior contact ...

docket:	a3811-15
court:	NJ Superior Court Appellate Division
decided:	2019-02-06
status:	Unpublished
citation:
Document Size:	96627

643 /usr/local/share/www/libweb/collections/courts/appellate/a4235-15.opn.html -- rank: 627

... sentence, defendant argues the judge improperly applied aggravating factor six, N.J.S.A. 2C:44-1(a)(6), gave excessive weight to aggravating factor nine, N.J.S.A. 2C:44-1(a)(9), and did not properly consider the mitigating factors ... 15T3 conclusion that aggravating factors three, six, and nine applied. N.J.S.A. 2C:44-1(a)(3), (6), (9). The judge found aggravating factors three ...

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court:	NJ Superior Court Law/Chancery Division
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644 STATE OF NEW JERSEY v. RAQUAN B. FRANK -- rank: 627

... the brief). PER CURIAM This appeal presents one issue: whether N.J.S.A. 2C:44-1(b)(14), which added a new mitigating factor for crimes ... three aggravating factors: factor three, the risk of re-offense, N.J.S.A. 2C:44-1(a)(3); factor six, defendant's criminal history, N.J.S.A. 2C:44-1(a)(6); and factor nine, the need to deter, N.J.S.A. 2C:44-1(a)(9). In finding those aggravating factors, the court noted ... age at the time of the commission of the offense.' N.J.S.A. 2C:44-1(b)(14). The question of whether a newly enacted law ... alterations in original) (quoting James, 216 N.J. at 564). N.J.S.A. 2C:44-1(b)(14) is not curative because it did not ...

docket:	a0809-19
court:	NJ Superior Court Appellate Division
decided:	2021-12-01
status:	Unpublished
citation:
Document Size:	22650

645 STATE OF NEW JERSEY v. PEPE THOMAS -- rank: 627

... justify [defendant]'s conduct though failing to establish a defense,' N.J.S.A. 2C:44- 1(b)(4). Counsel noted defendant's diagnosis of delusional disorder ... record and seriousness of offenses, and nine—need for deterrence, N.J.S.A. 2C:44-1(a)(3), (6), (9). The court merged counts one, two ...

docket:	a1602-19
court:	NJ Superior Court Appellate Division
decided:	2023-03-08
status:	Unpublished
citation:
Document Size:	39821